Sec.A7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.AA(a) A person is criminally responsible for an offense committed by the conduct of another if: (1)AAacting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense; (2)AAacting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or (3)AAhaving a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense. (b)AAIf, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
A man is about to be executed in Texas under the law quoted above. Even the courts have acknowledged, that he did not commit murder, but he drove the car from which a friend of his emerged before getting into an altercation and shooting another man dead. Not only did Kenneth Foster not commit murder, but he maintains there was no premeditation either by the killer himself or by any of his friends, including Foster. As he says, if there had been premeditation by the whole group or even part of it, someone would have accompanied the killer, wheareas in reality he left the car alone. On Tuesday, the Texas Court of Criminal Appeals denied Kenneth Foster's final appeal. Unless the board of pardons and paroles and the governor of Texas decide to pardon Foster, he will be executed on August 30th.
It seems the BBC and other big news corporations are silent on this pending execution.
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